Embedded software to get patents

The government has decided to allow patent protection for embedded software . As of now, software applications embedded in hardware were provided only copyright protection.

The ordinance issued by the NDA government on Sunday night to comply with India's commitment to the WTO provide for award of patents to software embedded in hardware applications like mobile phones, TVs and computers.

Provisions relating to patenting of software-related inventions when they are in combination with hardware have been modified, Commerce & Industry Minister Kamal Nath said.

The facility is available for these inventions when they have technical applications to industry. The modification will help Indian industry, which is strong in software, to protect its intellectual property rights (IPR), he said

Nasscom had supported the idea of bringing embedded software under patents, the minister said. Thereafter, consultations were held with various stakeholders.

Various sectors of the Indian economy, including biotech and software , would benefit with the introduction of product patents, Mr Kamal Nath said.

A large number of patent applications are being submitted by Indian companies which are increasing their expenditure on research and development, he added